GOVERNOR
EXECUTIVE ORDER NUMBER 63 (2017)
DECLARATION OF A STATE OF EMERGENCY FOR THE
COMMONWEALTH OF VIRGINIA DUE TO A SEVERE WINTER WEATHER EVENT
Importance of the Issue
On this date, March 13th, 2017, I am declaring a state of
emergency to exist for the Commonwealth of Virginia due to severe winter
weather that is expected to affect portions of the Commonwealth beginning on
March 13, 2017, creating the potential for significant snow accumulation,
hazardous road conditions, and high winds. The storm may create transportation
issues and significant power outages.
The health and general welfare of the Commonwealth's citizens
require that state action be taken to help alleviate the conditions caused by
this situation. The effects of this incident constitute a disaster wherein
human life and public and private property are imperiled, as described in
§ 44-146.16 of the Code of Virginia.
Therefore, by virtue of the authority vested in me by
§ 44-146.17 of the Code of Virginia, as Governor and as Director of
Emergency Management, and by virtue of the authority vested in me by Article V,
Section 7 of the Constitution of Virginia and by § 44-75.1 of the Code of
Virginia, as Governor and Commander-in-Chief of the armed forces of the
Commonwealth, and subject always to my continuing and ultimate authority and
responsibility to act in such matters, I hereby confirm, ratify, and memorialize
in writing my verbal orders issued on this date, March 13th, 2017, whereby I
proclaimed that a state of emergency exists, and I directed that appropriate
assistance be rendered by agencies of both state and local governments to
prepare for potential impacts of the winter storm, alleviate any conditions
resulting from the incident, and to implement recovery and mitigation
operations and activities so as to return impacted areas to pre-event
conditions in so far as possible.
Pursuant to § 44-75.1(A)(3) and (A)(4) of the Code of
Virginia, I am also directing that the Virginia National Guard and the Virginia
Defense Force be called forth to state active duty to be prepared to assist in
providing such aid. This shall include Virginia National Guard assistance to
the Virginia Department of State Police to direct traffic, prevent looting, and
perform such other law enforcement functions as the Superintendent of State
Police, in consultation with the State Coordinator of Emergency Management, the
Adjutant General, and the Secretary of Public Safety and Homeland Security, may
find necessary.
In order to marshal all public resources and appropriate
preparedness, response, and recovery measures to meet this threat and recover
from its effects, and in accordance with my authority contained in
§ 44-146.17 of the Code of Virginia, I hereby order the following
protective and restoration measures:
A. Implementation by state agencies of the Commonwealth of
Virginia Emergency Operations Plan (COVEOP), as amended, along with other
appropriate state agency plans.
B. Activation of the Virginia Emergency Operations Center
(VEOC) and the Virginia Emergency Support Team (VEST) to coordinate the
provision of assistance to local governments. I am directing that the VEOC and
VEST coordinate state actions in support of affected localities, other mission
assignments to agencies designated in the COVEOP, and others that may be
identified by the State Coordinator of Emergency Management, in consultation
with the Secretary of Public Safety and Homeland Security, which are needed to
provide for the preservation of life, protection of property, and
implementation of recovery activities.
C. The authorization to assume control over the Commonwealth's
state-operated telecommunications systems, as required by the State Coordinator
of Emergency Management, in coordination with the Virginia Information
Technologies Agency, and with the consultation of the Secretary of Public
Safety and Homeland Security, making all systems assets available for use in
providing adequate communications, intelligence, and warning capabilities for
the incident, pursuant to § 44-146.18 of the Code of Virginia.
D. The evacuation of areas threatened or stricken by effects of
the winter storm, as appropriate. Following a declaration of a local emergency
pursuant to § 44-146.21 of the Code of Virginia, if a local governing body
determines that evacuation is deemed necessary for the preservation of life or
other emergency mitigation, response, or recovery effort, pursuant to
§ 44-146.17(1) of the Code of Virginia, I direct the evacuation of all or
part of the populace therein from such areas and upon such timetable as the
local governing body, in coordination with the VEOC, acting on behalf of the
State Coordinator of Emergency Management, shall determine. Notwithstanding the
foregoing, I reserve the right to direct and compel evacuation from the same
and different areas and determine a different timetable both where local
governing bodies have made such a determination and where local governing
bodies have not made such a determination. Also, in those localities that have
declared a local emergency pursuant to § 44-146.21 of the Code of
Virginia, if the local governing body determines that controlling movement of
persons is deemed necessary for the preservation of life, public safety, or
other emergency mitigation, response, or recovery effort, pursuant to
§ 44-146.17(1) of the Code of Virginia, I authorize the control of ingress
and egress at an emergency area, including the movement of persons within the
area and the occupancy of premises therein upon such timetable as the local
governing body, in coordination with the State Coordinator of Emergency
Management and the VEOC, shall determine. Violations of any order to citizens
to evacuate shall constitute a violation of this Executive Order and are
punishable as a Class 1 misdemeanor.
E. The activation, implementation, and coordination of
appropriate mutual aid agreements and compacts, including the Emergency
Management Assistance Compact (EMAC), and the authorization of the State
Coordinator of Emergency Management to enter into any other supplemental
agreements, pursuant to § 44-146.17(5) and § 44-146.28:1 of the Code of
Virginia, to provide for the evacuation and reception of injured and other
persons and the exchange of medical, fire, police, National Guard personnel and
equipment, public utility, reconnaissance, welfare, transportation, and
communications personnel, equipment, and supplies. The State Coordinator of
Emergency Management is hereby designated as Virginia's authorized
representative within the meaning of the Emergency Management Assistance
Compact, § 44-146.28:1 of the Code of Virginia.
F. The authorization of the Departments of State Police,
Transportation, and Motor Vehicles to grant temporary overweight, over width,
registration, or license exemptions to all carriers transporting essential
emergency relief supplies, livestock or poultry, feed or other critical
supplies for livestock or poultry, heating oil, motor fuels, or propane, or
providing restoration of utilities (electricity, gas, phone, water, wastewater,
and cable) in and through any area of the Commonwealth in order to support the
disaster response and recovery, regardless of their point of origin or
destination. Weight exemptions are not valid on interstate highways or on
posted structures for restricted weight unless there is an associated Federal
emergency declaration.
All over width loads, up to a maximum of 12 feet, and over
height loads up to a maximum of 14 feet must follow Virginia Department of
Motor Vehicles (DMV) hauling permit and safety guidelines.
In addition to described overweight/over width transportation
privileges, carriers are also exempt from vehicle registration with the
Department of Motor Vehicles. This includes vehicles en route and returning to
their home base. The above-cited agencies shall communicate this information to
all staff responsible for permit issuance and truck legalization enforcement.
This Emergency Declaration implements limited relief from the
provisions 49 CFR 390-399. Accordingly, the State Coordinator of Emergency
Management recognizes the exemption for hours of service by any carrier when
transporting essential emergency relief supplies, passengers, property,
livestock, poultry, equipment, food, feed for livestock or poultry, fuel,
construction materials, and other critical supplies to or from any portion of
the Commonwealth for purpose of providing direct relief or assistance as a
result of this disaster, pursuant to § 52-8.4 of the Code of Virginia and
Title 49 Code of Federal Regulations, Section 390.23 and Section 395.3.
The foregoing overweight/over width transportation privileges
as well as the regulatory exemption provided by § 52-8.4(A) of the Code of
Virginia, and implemented in 19VAC30-20-40(B) of the "Motor Carrier Safety
Regulations," shall remain in effect for 30 days from the onset of the
disaster, or until emergency relief is no longer necessary, as determined by
the Secretary of Public Safety and Homeland Security in consultation with the
Secretary of Transportation, whichever is earlier. The discontinuance of
provisions authorized in paragraph F above may be implemented and disseminated
by the publication of administrative notice to all affected and interested
parties. I hereby delegate to the Secretary of Public Safety and Homeland
Security, after consultation with other affected Cabinet Secretaries, the
authority to implement this order as set forth in § 2.2-104 of the Code of
Virginia.
G. The authorization of a maximum of $250,000 in state sum
sufficient funds for state and local governments mission assignments authorized
and coordinated through the Virginia Department of Emergency Management that
are allowable as defined by The Stafford Act. This funding is also available
for state response and recovery operations and incident documentation. Out of
this state disaster sum sufficient, $200,000, or more if available, is authorized
for the Department of Military Affairs for the state's portion of the eligible
disaster-related costs incurred for salaries, travel, and meals during mission
assignments authorized and coordinated through the Virginia Department of
Emergency Management.
H. The implementation by public agencies under my supervision
and control of their emergency assignments as directed in the COVEOP without
regard to normal procedures pertaining to performance of public work, entering
into contracts, incurring of obligations or other logistical and support
measures of the Emergency Services and Disaster Laws, as provided in §
44-146.28(b) of the Code of Virginia. Section 44-146.24 of the Code of Virginia
also applies to the disaster activities of state agencies.
I. Designation of members and personnel of volunteer,
auxiliary, and reserve groups including search and rescue (SAR), Virginia
Associations of Volunteer Rescue Squads (VAVRS), Civil Air Patrol (CAP), member
organizations of the Voluntary Organizations Active in Disaster (VOAD), Radio
Amateur Civil Emergency Services (RACES), volunteer fire fighters, Citizen
Corps Programs such as Medical Reserve Corps (MRCs), Community Emergency
Response Teams (CERTs), and others identified and tasked by the State Coordinator
of Emergency Management for specific disaster-related mission assignments as
representatives of the Commonwealth engaged in emergency services activities
within the meaning of the immunity provisions of § 44-146.23(a) and (f) of the
Code of Virginia, in the performance of their specific disaster-related mission
assignments.
J. The authorization of appropriate oversight boards,
commissions, and agencies to ease building code restrictions and to permit
emergency demolition, hazardous waste disposal, debris removal, emergency
landfill sitting, and operations and other activities necessary to address
immediate health and safety needs without regard to time-consuming procedures
or formalities and without regard to application or permit fees or royalties.
K. The activation of the statutory provisions in
§ 59.1-525 et seq. of the Code of Virginia related to price gouging. Price
gouging at any time is unacceptable. Price gouging is even more reprehensible
during a time of disaster after issuance of a state of emergency. I have
directed all applicable executive branch agencies to take immediate action to
address any verified reports of price gouging of necessary goods or services. I
make the same request of the Office of the Attorney General and appropriate
local officials. I further request that all appropriate executive branch
agencies exercise their discretion to the extent allowed by law to address any
pending deadlines or expirations affected by or attributable to this disaster
event.
L. The following conditions apply to the deployment of the
Virginia National Guard and the Virginia Defense Force:
1. The Adjutant General of Virginia, after consultation with
the State Coordinator of Emergency Management, shall make available on state
active duty such units and members of the Virginia National Guard and Virginia
Defense Force and such equipment as may be necessary or desirable to assist in
preparations for this incident and in alleviating the human suffering and
damage to property.
2. Pursuant to § 52-6 of the Code of Virginia, I authorize the
Superintendent of the Department of State Police to appoint any and all such
Virginia Army and Air National Guard personnel called to state active duty as
additional police officers as deemed necessary. These police officers shall
have the same powers and perform the same duties as the State Police officers
appointed by the Superintendent. However, they shall nevertheless remain
members of the Virginia National Guard, subject to military command as members
of the State Militia. Any bonds and/or insurance required by § 52-7 of the
Code of Virginia shall be provided for them at the expense of the Commonwealth.
3. In all instances, members of the Virginia National Guard and
Virginia Defense Force shall remain subject to military command as prescribed
by § 44-78.1 of the Code of Virginia and are not subject to the civilian
authorities of county or municipal governments. This shall not be deemed to
prohibit working in close cooperation with members of the Virginia Departments
of State Police or Emergency Management or local law enforcement or emergency
management authorities or receiving guidance from them in the performance of
their duties.
4. Should service under this Executive Order result in the
injury or death of any member of the Virginia National Guard, the following
will be provided to the member and the member's dependents or survivors:
a. Workers' Compensation benefits provided to members of the
National Guard by the Virginia Workers' Compensation Act, subject to the
requirements and limitations thereof; and, in addition,
b. The same benefits, or their equivalent, for injury,
disability, and/or death, as would be provided by the federal government if the
member were serving on federal active duty at the time of the injury or death.
Any such federal-type benefits due to a member and his or her dependents or
survivors during any calendar month shall be reduced by any payments due under
the Virginia Workers' Compensation Act during the same month. If and when the
time period for payment of Workers' Compensation benefits has elapsed, the
member and his or her dependents or survivors shall thereafter receive full
federal-type benefits for as long as they would have received such benefits if
the member had been serving on federal active duty at the time of injury or
death. Any federal-type benefits due shall be computed on the basis of military
pay grade E-5 or the member's military grade at the time of injury or death,
whichever produces the greater benefit amount. Pursuant to § 44-14 of the
Code of Virginia, and subject to the availability of future appropriations
which may be lawfully applied to this purpose, I now approve of future
expenditures out of appropriations to the Department of Military Affairs for
such federal-type benefits as being manifestly for the benefit of the military
service.
5. The following conditions apply to service by the Virginia
Defense Force:
a. Virginia Defense Force personnel shall receive pay at a rate
equivalent to a National Guard soldier of like rank, not to exceed 25 years of
service.
b. Lodging and meals shall be provided by the Adjutant General
or reimbursed at standard state per diem rates;
c. All privately owned equipment, including, but not limited
to, vehicles, boats, and aircraft, will be reimbursed for the expense of fuel.
Damage or loss of said equipment will be reimbursed, minus reimbursement from
personal insurance, if said equipment was authorized for use by the Adjutant
General in accordance with § 44-54.12 of the Code of Virginia;
d. In the event of death or injury, benefits shall be provided
in accordance with the Virginia Workers' Compensation Act, subject to the
requirements and limitations thereof.
Upon my approval, the costs incurred by state agencies and
other agents in performing mission assignments through the VEOC of the
Commonwealth as defined herein and in § 44-146.28 of the Code of Virginia,
other than costs defined in the paragraphs above pertaining to the Virginia
National Guard and pertaining to the Virginia Defense Force, in performing
these missions shall be paid from state funds.
Effective Date of this Executive Order
This Executive Order shall be effective March 13, 2017, and
shall remain in full force and effect until May 13, 2017, unless sooner amended
or rescinded by further executive order. Termination of the Executive Order is
not intended to terminate any federal-type benefits granted or to be granted
due to injury or death as a result of service under this Executive Order.
Given under my hand and under the Seal of the Commonwealth of
Virginia, this 13th day of March, 2017.
/s/ Terence R. McAuliffe
Governor